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the right of action is vested in two or more persons, so that they must all join in suing upon it, then the bond, covenant, &c., is said to be joint, as opposed to one which is several, namely, where each of the obligees has a separate interest, and may, therefore, sue alone. Whether a bond, covenant or the like, is joint or several, depends much more upon the subjectmatter than upon the words employed, for if each of the obligees has a separate interest, the right of action will be several, although expressed to be joint and several. A bond, covenant, or the like, entered into with several obligees, cannot be joint or several, at their election, but must be either one or the other. Wms. Pers. Prop. 356.

3. If one obligee releases the obligor, this is sufficient to bar all the obligees; and if one of several joint obligees dies, his interest passes to the survivors. In the case of partners in trade, however, the share of a deceased partner devolves in equity on his personal representatives, and the surviving partners become trustees for them of his share. (Wms. Pers. Prop. 354, 357.) The same rule applies where two or more persons advance money and take the security to themselves jointly.

4. A joint ownership of a chose in action cannot be severed at law by either or both of the obligees, but the parties may make a severance which will be binding in equity. See TENANCY IN COMMON.

5. Joint liability on choses in action.-Two or more persons may be jointly liable to the same debt or demand, and though each is liable for the whole debt, yet they are all considered as together forming one person; they must, therefore, all be sued together, and a volantary release to one will discharge them all. (See RELEASE.) On the other hand, if one of them is compelled to pay the whole debt, he is entitled to contribution from the others to the extent of their shares. (Batard v. Hawes, 2 Ell. & B. 287. See CONTRIBUTION.) On the death of one, his liability passes to the survivors, except in the case of partners, for on the death of a partner, his estate remains liable in equity for all partnership debts then existing. (Wms. Pers. Prop. 360, 364.) Hence, it is sometimes said that though a partner

ship debt is joint at law, in equity it is joint and several; but the rule is only true to the extent above mentioned. Kendall v. Hamilton, 4 App. Cas. 517.

26. Joint and several.-A liability may, however, be both joint and several, so that the creditor may sue one or more of the debtors separately, or all of them jointly, at his option. (Dic. Part. 230 et seq.) And if one of them is compelled to pay the whole debt or more than his proportion, he is entitled to contribution from the others. (See CONTRIBUTION.) If one of them dies, his estate remains liable in the same way that he was. (Wms. Pers. Prop. 363.) As to the release of such a liability, see RELEASE.

7. In the English law of bankruptcy, when several persons are partner. and adjudication of bankruptcy against them together, and all become insolvent, the petition may be either joint, i. e. embracing all the members of the firm, or separate, i. e. confine to When all the members of a firm, qud partners, each member individually. (Robs. Bank. 572.) are adjudged bankrupt, the property of the members which vests in the trustee is divided of the firm, such as the capital, stock in trade, into two parts, namely: The joint estate, or that &c.; and the separate estates consisting of the private property of each partner; and distinct accounts are also kept of the joint or partnership debts, and of the separate debts. This is necessary, because it is a rule that joint creditors (i. e. creditors against the firm) are entitled to have before the separate creditors (i. e. the creditors their debts paid in full out of the joint estate, of each member) can receive anything from the joint estate, while the separate creditors of each ment out of his separate estate, as against the partner are entitled to a similar priority of payjoint creditors. Id. 583, 609; ex parte Cook, 2 P. Wms. 500; Lind. Part. 1145 et seq.; Read r. Bailey, 3 App. Cas. 94.

whose debt the firm is jointly, and all or some 8. A joint and several creditor is one for or one of its members are or is also separately, liable. (Robs. Bankr. 616.) Thus, if A. and B. are trading in partnership under the firm of A. and Company, and a bill of exchange is accepted by A. and Company, and indorsed by A., the holder of the bill would, in the event of A. and B.'s bankruptcy, be a joint and several creditor, and, therefore, entitled to prove against both the joint estate of the firm and the separate estate of A. Ex parte Honey, L. R. 7 Ch. 178. See CONVERSION, 8; PROOF.

land registered under the English Land Transfer Act, 1875, "joint proprietors" mean any two or more persons who are registered as being together entitled to land, whether concurrently (e. g. as joint tenants, tenants in common, &c.,) or successively (e. g. tenant for life and remainderman). 69.

9. Land Transfer act.-In the case of

JOINT, (when a writ is not). 6 Halst. (N. J.)
128.

JOINT BOND.-See JOINT, ¿¡ 2, 3.

JOINT BOND, (what constitutes). 1 Harr. (N
J.) 453; 2 Watts (Pa.) 414; 2 Wheel. Am. U.
L. 379.
(what is not). 2 Wash. (Va.) 138.
(effect of). 5 Co. 119.

JOINT ACCOUNT. The rule that
where two or more persons advance money and
take the security to themselves jointly, each is,
in equity, deemed to be separately entitled to
his proportion of the money, so that on his
death it passes to his personal representatives
and not to his surviving co-lenders, made it tee composed of members of each house
usual, in England, in cases where money was

JOINT COMMITTEE.—A commit

JOINT CONTRACTORS.-Persons
jointly liable on a contract.

advanced by trustees, to insert in the mortgage of a legislative body, appointed to confer
deed or other instrument of security a declara- together. See Conference, § 2.
tion that the money belonged to the lenders on
a joint account in equity as well as at law, and
that the receipt of the survivors or survivor, or
his personal representatives, should be a full dis-
charge for any moneys due on the security. By
the Conveyancing Act, 1881, 61, it is now suffi-
cient to say that the money is advanced by the
lenders out of money belonging to them on a
joint account, without more, while in cases
where the security is made to two or more per-
sons jointly and not in shares, it is (it seems)
unnecessary to say even that. The section is,
however, somewhat involved and consequently
obscure.

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JOINT CREDITORS.-Persons hav.
ing a joint interest in the same debt or
demand.

JOINT DEBTORS.-Persons united
in a joint liability or indebtedness.
JOINT DEBTORS, (defined). 18 Johns. (N. Y.)

459.

JOINT EXECUTORS.-See JOINT
ADMINISTRATORS.

JOINT FIAT.-A fiat which was formerly
JOINT ADMINISTRATORS, EX-issued against two or more trading partners.
ECUTORS, or TRUSTEES.-Those
who are joined in the administration of
an estate, the execution of a will, or the
performance of a trust.

JOINT AND EQUAL PROPORTIONS, (in a will).

Amb. 656.
JOINT AND SEVERAL, (when agreement is).
7 T. R. 352.

(when bond is). 2 Day (Conn.) 442;
5 Halst. (N. J.) 119; 12 Serg. & R. (Pa.) 154;
4 Desaus. (S. C.) 148; 6 Rand. (Va.) 39; 2
Wheel. Am. C. L. 380; 1 Cox Ch. 200; Cro.
Jac. 322; 1 East 400; 3 Ves. 399.

682, 687.

(when bond is not). 1 Barn. & C.
(when promissory note is). 5 Mass.

JOINT FINE.-If a whole vill is to be

fined, a joint fine may be laid, and it will be
good for the necessity of it; but, in other cases,
fines for offences are to be severally imposed on
each particular offender, and not jointly upon all
of them. (1 Rol. 33; 11 Co. 42; Dyer 211.)—

Jacob.

JOINT HEIR.-A co-heir.

JOINT HOLDERS, (of a bill of exchange). 5
T. B. Mon. (Ky.) 173.

JOINT INDICTMENT.—When sev-
eral offenders are joined in the same in-
dictment, such an indictment is called a
"joint indictment;" as when principals

358; 7 Id. 58.
JOINT AND SEVERAL BOND.- in the first and second degree, and acces-
See JOINT, 2, 3.

sories before and after the fact, are all
joined in the same indictment. 2 Hale

JOINT AND SEVERAL LIABIL- 173.
ITY.-See JOINT, ?? 5, 6.

JOINT AND SEVERAL LIABILITY, (of execu-
tors). 1 Watts (Pa.) 865.

JOINT AND SEVERAL OBLIGATION, (what is).
10 Mass. 445-452; 10 Serg. & R. (Pa.) 33; 4
Watts (Pa.) 50.

JOINT AND SEVERAL OBLIGORS, (how sued).
i Pet. (U. S.) 46; 3 Pick. (Mass.) 15.

JOINT AND SEVERAL OWN-
ERSHIP. See JOINT, ?? 2-4.

JOINT LIABILITY.—See JOINT, § 5.

-

JOINT LIVES. This expression,
which is met with more frequently in
English books, applies when a right is
granted to two or more persons, to be en-
joyed while both live. Annuity to two
for their joint lives is payable until one
dies.-Abbott.

JOINT MAKERS, (of a promissory note, liability of). 6 Cranch (U. S.) 253; 2 Cai. (N. Y.)

121.

JOINT NOTE, (what is). 2 Halst. (N. J.) 71. JOINT OBLIGATION, (what is). 1 Rawle (Pa.) 255; 1 Munf. (Va.) 175.

JOINT OBLIGEES, (of a bond, how far joint tenants). 1 Harr. (N. J.) 16.

JOINT OWNERS, (who are). 4 Dall. (U. S.) 354; 4 T. R. 720.

Dig. 317.

(equivalent to "partners"). 1 Com.

2. The term joint tenancy is also ap plied to personal property (Co. Litt. 182a), e. g. stock in the funds, although it is not the subject of tenure; hence it is more correct to say that two persons are jointly entitled to stock, or that they have a joint ownership of it. As to choses in action, see JOINT, 2 et seq.

3. When two or more persons are joint tenants of property, they have, with re

JOINT OWNERSHIP.-See JOINT, spect to all other persons than themselves,

88 1-4.

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JOINT RIGHTS, (in a statute). 62 How. (N. Y.) Pr. 73.

the properties of a single owner. The principal incidents of joint tenancy are as

follows:

4. Every joint tenant is seised or possessed of the joint property per my et per JOINT STOCK COMPANY. - A tout, i. e. by every part and by the whole ;* term which was originally applied to those by this is meant that the possession of each unincorporated companies or large partis indivisible, and that each has an equal nerships with transferable shares formed right, so that no one can claim the excluat the beginning of the last century (joint sive possession of any particular part of stock companies under the common law), the property, though each is entitled to and as to the legality of which doubts were his proportion of the rents or other income. and are entertained in England. (See the (Wms. Real Prop. 134.) It also follows Bubble Act of 1719 (6 Geo. I. c. 18), passed that one joint tenant cannot convey his to discourage these associations; Lind. interest to his co-tenants in the same way Part. 189 et seq.) By various acts of parthat one stranger conveys to another, and iiament, from 1825 to 1857, the principal therefore the proper mode of conveyance of which were those of 1844, 1855, 1856 and from one joint tenant to another is by re1857, the formation of joint stock comlease, operating as an extinguishment of panies was legalized and facilitated. (Id.the interest conveyed. Id. 137. See RE

7.) These companies are quite common in the United States, and we are not aware that any doubts are now entertained as to their legality. See the statutes of the several States on this subject. As to the English acts now in force, see COMPANIES ACTS; DISSOLUTION, 83.

LEASE.

5. Every joint tenancy is created by one and the same title (i. e. the same devise or the same conveyance), and at one and the same time; hence, if land is limited to A. for life, and after his death to the heirs of B. and C., and B. dies in A.'s life-time, and afterwards C. dies also in

JOINT STOCK COMPANY, (in a statute). 121 A.'s life-time, here B. and C.'s heirs are not Mass. 524.

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joint tenants, because the remainder in one moiety of the land vested in B.'s heirs, while the remainder in the other was still contingent. (Co. Litt. 188 a.) But under the Statute of Uses, or by a gift by will, two persons may be joint tenants, although they come to their estates at different times. Id. and note (13); Wms. Real Prop. 137; Wms. Pers. Prop. 355.

6. All the joint tenants must be owners in the same interest and in the same

part (French mi). The latter seems the more probable. See Littré Dict. 8. vv.; Diez v. Mezzo.

capacity; and, therefore, if land is given to two persons, to the one for life, and the other for years, they are not joint tenants. (See ESTATE TAIL, ? 4.) So, if land is given to the king and to a subject, they are not joint tenants, because the king is seised in his royal or politic capacity in jure coronæ, while the subject is seised in his natural capacity. Co. Litt. 188 a, 190 a.

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7. But the most important quality of a joint tenancy is that of survivorship; if three joyntenants be in fee-simple, and the one hath issue and dieth, yet they which survive shall have the whole tenements, and the issue shall have nothing. And if the second joyntenant hath issue, and dye, yet the third which surviveth shall have the whole tenements to him and to his heires forever." (Litt. & 280.) But any joint tenant may by disposing of his share during his life-time (though not by will) to a stranger, sever the joint tenancy, so far as that share is concerned, so that it will henceforth be held by the stranger as tenant in common with the remaining tenant or tenants, who will continue to be joint tenants as between themselves.

(Id. 287, 294.) Joint tenants may also make partition (q. v.) Id. & 290; Co. Litt. 187a; Wms. Real Prop. 138.

8. An exception to the right of survivorship between joint owners occurs in the case of partners in trade, for in this case the law vests in the executors or administrators of a deceased partner the share of the deceased in all personal chattels in possession (such as merchandise or ships) belonging to the partnership. But this rule does not apply to real estate or choses in action, which by law go by sur vivorship to the surviving partners. In equity, however, the share of the deceased partner in the real estate and choses in action of the partnership devolves on his executor or administrators, and the surviving partners are therefore trustees of it for his executors or administrators. See, also, JOINT, 3.

89. The incident of survivorship being inconvenient where persons are beneficially entitled to property, joint tenancy. seldom occurs except in the case of trustees; here the incident is useful, for on the decease of one of the trustees the property vests in the survivors by mere opera

tion of law, without devolving on the representatives of the deceased trustee, and without being affected by any testamentary disposition by him. Wms. Real Prop. 139; Wats. Comp. Eq. 452. See ESTATE, & 11; JOINT.

JOINT TENANCY, (what words in a will create). 8 Com. Dig. 447.

JOINT TITLE, (declaration alleging, how supported). 1 Hill (N. Y.) 121.

JOINT TRESPASS, (damages in action for). 1 Gr. (N. J.) 298.

JOINT TRESPASSERS.-Two or more who unite in committing a trespass.

JOINT TRUSTEES.-See JOINT AD

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1. In the ordinary sense of the word, jointure is a provision made by a husband for the support of his wife after his death. It is either legal or equitable.

2. Legal jointure.-A legal jointure is (or rather was, for it has long been practically obsolete) "a competent livelihood of freehold for the wife of lands or tenements, &c., to take effect presently in possession or profit after the decease of the husband for the life of the wife at the least," (Vernon's Case, 4 Co. 2b; Co. Litt. 36b,) and was given to her either (1) at common law, in which case it did not bar the wife's dower; or (2) by way of use before the Statute of Uses; or (3) under the provisions of the Statute of Uses, in which case, if the jointure was made in compliance with the act, it operated so as to bar the wife's dower, or to put her to her election whether she would take the jointure or the dower, according as the jointure was made before or after the marriage. Ib.; Wats. Comp. Eq. 580.

23. Equitable jointure. —An equitable jointure generally consists of a rent-charge or annuity payable by the trustees of a marriage settlement to the wife for her life, if she should survive her husband; the rent-charge or annuity being generally secured by powers of distress

and entry, and by the limitation of the settled

JOURNALS OF CONGRESS, or

JOURNEY, (what is not). 3 Heisk. (Tenn.)

511.

lands to trustees for a long term of years. PARLIAMENT.—See JOURNAL, § 3.
(Elph. Conv. 322, 332 et seq.) If the settlement
is made by a tenant in tail, after attaining
twenty-one, and during his father's life-time, the
land is disentailed and resettled on the father
and son successively for life, with remainder in
tail to the son's issue, with power for the son to yarn. Stat. 8 Hen. VI. c. 5.
charge a jointure rent-charge, secured by powers
of distress and entry, in favor of any wife whom
he may marry, and to limit a term for securing
it. By a separate deed the son exercises these
powers in favor of the lady whom he is about to
marry. Id. 420 et seq. See RESETTLEMENT.

JOURNEY-HOPPERS.-Regrators of

4. The acceptance of an equitable jointure by a wife always operated as a bar to her dower. (Wms. Real Prop. 226.) Since the English Dower Act, the doctrine of a jointure (legal or equitable) operating as a bar to dower, is of no practical importance. Id. 227. See DOWER.

5. Jointure is the old term for joint tenancy. Litt. 280.

JOINTURE, (defined). 3 Metc. (Ky.) 151; 2

Bl. Com. 137.

Litt. 36.

(what is). 4 Co. 3; Dyer 220 a; Co.

(what is not). 3 Miss. 692.
(when a bar to dower). 7 Mass. 155;

2 Paige (N. Y.) 511.

(in dower law). 19 Mo. 469.
(in a statute). 21 Me. 364.

JOKELET.-A little farm such as required a small yoke of oxen to till it.

JONCARIA, or JUNCARIA.-Land where rushes grow. Co. Litt. 5 a.

JORNALE.-As much land as could be plowed in one day.-Spel. Gloss.

JOUR.—In old English law, a day. Co. Litt. 134 b. See DAY; DIES.

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JOURNEYMAN.-A workman hired by the day or other given time.

JOURNEY'S ACCOUNTS.-The shortest possible time between an abatement of one writ and the issuing of another. Obsolete. 6 Co. 10.

JOURNEY'S ACCOUNTS, (defined). 1 Ld. Raym. 432.

JUDAISMUS.-The religion of the Jews; also usury; also the dwelling places of the Jews.

JUDEX.-In the Roman, civil, and old English law, a judge; though according to some writers, he was, in early times, rather a juror than a judge, finding facts only and reporting to the prætor. The principal use of the word, however, is in its more modern sense of "judge."

JUDEX A QUO.—A judge from whom an appeal is taken.

JUDEX AD QUEM.-A judge to whom an appeal is taken.

Judex æquitatem semper spectare debet (Jenk. Cent. 45): A judge ought always to regard equity.

Judex ante oculos æquitatem semper habere debet: A judge ought always to have equity before his eyes.

Judex bonus nihil ex arbitrio suo faciat, nec propositione domestica voluntatis; sed jexta leges et jura pronunciet (7 Co. 27 a): A good judge may do nothing from his own judgment, or from a dictate of private will; but let him pronounce according to law and justice.

Judex damnatur cum nocens absolvitur: The judge is condemned, when a guilty person escapes punishment.

1. A diary. A book kept as a record JUDEX DELEGATUS.—A delegated of what is done day by day, or of proceed-judge; a special judge. ings in the order of their occurrence.

judge is the law, speaking.

2. In book-keeping, a book of ac- Judex est lex loquens (7 Co. 4a): A count used in double entry, the chief object of which is to contain a periodical abstract of the day-book, for more convenient posting into the ledger.

23. In legislative parlance, the daily record of the proceedings of either house kept by the clerk, in which the various motions, votes, resolutions, &c., are entered as they occur.

JUDEX FISCALIS.-A fiscal judge; one having cognizance of matters relating to the fiscus (q. v.)

Judex habere debet duos sales; salem sapientiæ, ne sit insipidus; et salem conscientiæ, ne sit diabolus: A judge should have two salts; the salt of wisdom, lest he be insipid; and the salt of conscience, lest he be devilish.

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